In the media – National
Productivity Commission to examine regulation of
Australian agriculture
The Government has released the terms of reference for the
Productivity Commission's inquiry into regulation of the
Australian agricultural sector, with the inquiry to commence
immediately. The inquiry will focus on regulation with a material
impact on domestic and international competitiveness of farm
businesses and the productivity of Australian agriculture (20
November 2015).
More...
Streamlining Local Government in Challenging
Times
There are an increasing number of challenges facing councils in
Australia and New Zealand (19 November 2015).
More...
80,000 mid-tier buildings under the energy productivity
spotlight
A new pathway for mid-tier commercial office buildings aims to
tackle the energy productivity of up to 80,000 buildings around
Australia (18 November 2015).
More...
In the media – New South Wales
Parramatta heritage precinct rezoned for
apartments
A precinct in western Sydney that houses Australia's oldest
female convict site is rezoned to allow thousands of new apartments
to be built (21 November 2015).
More...
Off The Plan Protections Secured
NSW Parliament has approved amendments to the Conveyancing Act
1919, strengthening protections for buyers who purchase properties
off the plan. The new laws are intended to prevent rogue developers
from rescinding contracts using the sunset clause to make windfall
profits (17 November 2015).
More...
Sydney's new world-class rail one step
closer
The formal planning process for Sydney Metro City & Southwest
has begun, bringing new world-class metro rail one step closer for
the city. The Massive new harbour crossing project starts 2018 (16
November 2015).
More...
More...
Greater Sydney Commission one step closer
The creation of the Greater Sydney Commission is another step
closer after legislation passed parliament today (12 November
2015).
More...
In the media – Queensland
Reef Trust supports farm efficiency and water quality in
the Burdekin
Through this latest project, the Government will provide $2.5
million to help sugarcane farmers improve nitrogen and irrigation
management practices in the Burdekin region (18 November 2015).
More...
Queensland welcomes $1.7 billion LNG
investment
Premier Annastacia Palaszczuk has welcomed an announcement of
QGC's $1.7 billion investment in the LNG industry, with
Queensland's LNG exports e projected to hit $15 billion by
2016-17 (16 November 2015).
More...
Queen's Wharf Brisbane delivers – jobs, public
spaces, dollars
The lucrative final deal on the $3 billion Queen's Wharf
Brisbane development will deliver more than $1 billion to state
coffers (16 November 2015).
More...
Emergency response headquarters for SEQ water
industry
Water emergency responses will be better coordinated with the
establishment of two South East Queensland Water operations
centres. These centres will support our water industry partners
including water retailers Queensland Urban Utilities and Unitywater
and council-owned water businesses including Redlands, Logan and
the City of the Gold Coast (13 November 2015).
More...
The Palaszczuk Government builds a better planning
system for all Queenslanders
The Palaszczuk Government has introduced three planning bills to
the Queensland Parliament to establish a better planning system.
The Government will also undertake a review of the State Planning
Policy and the State Development Assessment Provisions in 2016 to
ensure matters of state interest are being adequately protected (12
November 2015).
More...
New port laws protect Reef, drive port
growth
The growth of Queensland's major regional bulk commodity ports
will be responsibly managed, and the Great Barrier Reef protected,
under legislation passed in State Parliament today (12 November
2015).
More...
Water laws protect creeks, rivers and farmers'
rights
Natural Resources and Mines Minister has introduced the Water
Legislation Amendment Bill 2015 to replace the previous
government's proposed water legislation. This Bill will
underpin the sustainable management of our precious water resources
for all users – landholders, communities, the resources
sector (10 November 2015).
More...
In practice and courts – National
AFSA has launched a new PPSR guide for
business
On 13 November 2015 the AFSA launched a new PPSR Business Guide
with a focus on the increasing awareness of the personal property
security system among small businesses. The intention of the guide
is to help Australian businesses not familiar with the practical
implications of this law and explain how they may benefit from
using the online Personal Property Securities Register. The PPSR
business guide is available on the PPSR website
(www.ppsr.gov.au).
Global domain for REITs launches from 17 November
2015
From this date real estate investment trusts around the world, will
be able to register their domain name with .REIT in their internet
addresses. This scheme will be operated and administered by the
National Association of Real Estate Investment Trusts (NAREIT).
More...
In practice and courts – Victoria
State Revenue Office: Absentee owner
surcharge
If you own property in Victoria, you may have to pay land tax. From
1 January 2016, a 0.5 per cent absentee owner surcharge
on land tax will apply to Victorian land owned by an absentee
owner. If you are an absentee owner as at 31 December 2015, you
must notify the SRO before 15 January 2016.
In practice and courts – New South Wales
NSW Parliament this month in committees
New Underquoting Laws: What it means for agents, buyers
and vendors
From 1 January 2016 agents will be required to provide their
reasonable evidence-based estimated selling price to the vendor,
update their estimate if it is no longer reasonable and to not
advertise or make representations to buyers that is less than this
estimate. Information sessions about these reforms are already
underway (05 November 2015).
More...
NSW Residential tenancy laws review
The NSW Government is reviewing the Residential Tenancies Act
2010. The Act establishes a comprehensive set of rights and
obligations for: landlords, tenants, social housing providers and
real estate agents who act for landlords. A Discussion Paper to
help you consider improvements to the current laws is available,
with consultation closing 29 January 2016 (29 October
2015).
More...
In practice and courts – Queensland
Current Queensland Government Inquiries
Reports due
Retail Shop Leases Amendment Bill 2015 – 05 February
2016.
Cases – Victoria
Sim v Owners Corporation 611556 (Owners
Corporations) [2015] VCAT 1759
Application for reinstatement – applicant lot owners seek
orders requiring another lot owner to make a greater contribution
to owners corporation expenses – whether alteration of lot
entitlement and lot liability is sought – the role of expert
evidence – Subdivision Act. More...
Tan v Australian Property Investment Corporation Pty
Ltd (Civil Claims) [2015] VCAT 1756
Claim for damages for misleading and deceptive conduct together
with other heads of damage; claim dismissed on the evidence; no
evidence of misleading and deceptive conduct; applicants failed to
read contract of sale; break in chain of causation. More...
Prowse v Johnstone [2015] VSC
621
REAL PROPERTY - Restrictive covenant – Transfer of land
– Whether covenants in transfer of land was validly amended
in 1912 to insert words of annexation – Proof of person
making amendments – Legislative provision under which
amendments made – Evidentiary inferences – Presumption
of regularity – Whether valid restrictive covenant –
Whether burden of covenant ran with the land – Transfer
of Land Act 1890 (Vic) ss 55, 82, 83, 194, 195, 198,
Transfer of Land Act 1958 (Vic) s 88, Property Law Act
1958 (Vic) s 79. More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
